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Home My WebLink About12143RESOLUTION NO. 12143 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE GREATER PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM MAIN STREET TO SANTA FE AVENUE TO RD HOST THE 3 ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Greater Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street; C Street from Victoria Avenue to Main Street; D Street from Victoria Avenue to Main, Grand Avenue from First Street to Main Street, and from Main Street to Santa Fe Avenue from May 16, 2011, at 6:00 a.m. through May 23, 2011, at 5:00 p.m. to conduct rd the 3 Annual Wild Wild West Fest. SECTION 2. The use of the public right-of-way granted is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED: May 9, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MAY 9, 2011AGENDA ITEM # M-10 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE GREATER PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM RD MAIN STREET TO SANTA FE AVENUE TO HOST THE 3 ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to the Greater Pueblo Chamber of Commerce for the use of the public rights-of-way located on portions of Union Avenue, C Street, D Street, and Grand Avenue to host the Wild Wild West Fest? RECOMMENDATION Approval of this Resolution. BACKGROUND The Greater Pueblo Chamber of Commerce has requested the use of the public rights- of-way located on portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue from May 16, 2011, at 6:00 a.m. until May 23, 2011, at 5:00 p.m. to conduct the rd 3Annual Wild Wild West Fest. FINANCIAL IMPACT None. REVOCABLE PERMIT Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith. 1 Name, Address and Telephone Number of Permittee Greater Pueblo Chamber of Commerce, 302 N Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2. Permitted Area. Union Ave from 1 St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from 1s St to Main St and from Main Street to Santa Fe Avenue 3 Purpose of Revocable Permit: Wild Wild West Fest 4 Authorized Improvements. 5 Commencement Date. May 6 2011 Time 6:00 a.m. 6 Ending Date May 23, 2011 Time 5:00 p.m. PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES (a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City the sum of $500 00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA — 4/6/10 (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000 00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City A certificate for such insurance and each renewal thereof shall be delivered to the City Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows. (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention. Revocable Permit Review Committee Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph (k). (1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events. (i) the Time of the Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above, or (v) revocation or termination of this Permit by resolution of the City Council of City (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City Signed in Pueblo, Colorado this j 3 day of r- i, , 20 1 PERMITTEE. '' ,�,,ff ,, ' //^� Organization. t'"Q t er TAO a � OF C,Orn� BY Rex' S t j 1n of Title: Pyes t d STATE OF COLORADO ) COUNTY OF PUEBLO ) ss y h The foregoing instrument was acknowledged before me the 13 day of P r , 20 1 1 by as — Pre 3, My commission expires. �/ ,7 :(S &A4] Ana „zY' otary Pu.lic APPROYED this 9th day of May , 2011 PUEBLO, . Munici Corpor By kLA President of the City C s ncil CA – 4/6/10 J , . , . . . 4 \Y` \.k\ 1 ... .. , i . , . . . ico oi f , 7541, 1 I . I /Oh I .10 I 1 I I 1 , .... , I I . s , 7 1 I , — Vip 1 44;, — S GREE NWOOD ST - : C \ ‘ -- .. \-- , 0 4 r/ / /\‘ . +0 ,\ \ ,' ilf9 0 0 - . , ■ '' i `1 • k- 1 ,.:-. „ ,. t9 ) ,:,:. •-,. _ : • <(., Y 0 A c" )' //x / Wild Wild West Festival 2011 Street Closures 1. Grand from 1st to Union 6 AM Monday May 16, 2011 to 5 PM Monday May 23 2011 • 2. C Street from Victoria to Union 6 AM Tuesday May 17, 2011 to 5 PM Monday May 23, 2011 • 3 D Street from Victoria to Union 6 AM Wednesday May 18, 2011 to 5 PM Monday May 23, 2011 • 4 Grand from Main to Santa Fe from 6 AM Wednesday May 18, 2011 until 5 PM Monday May 23, 2011. 5 Union from B Street to 1 st Street and C and D Streets from So Main to Victoria 6 AM Thursday May 19, 2011 to 6 AM Monday May 23, 2011 ( '\ THE � \ =PUEBLO +1S..[ \`ERTM CHAMBER, --- We e 302 N Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 1704 • (719) 543 -4851 fax • www.pueblochamber.org April 7, 2011 Jerry Pacheco Interim City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Mr Pacheco: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the Wild Wild West Fest. The festival will begin on Thursday May 19 2011 and run through Sunday May 22, 2011. There are numerous activities scheduled during the four days and we will utilize multiple locations with the biggest concentration being in the Union Ave area and on HARP We are requesting to close the following streets on these dates and times: • Grand From 1st street to Union Ave at 6 AM Monday May 16, 2011 to 5:00 PM Monday May 23, 2011. • C Street from Union Ave to Victoria Ave from 6 AM Tuesday May 17, 2011 to 5 PM to Monday May 23, 2011. • D Street from Union Ave to Victoria Ave. from 6 AM Wednesday May 18, 2011 to 5 PM Monday May 23, 2011. • Union Ave from 1 Street to B Street, including Richmond, Grand, D Street and C Street from Union to Main from 5 AM Thursday May 19, 2011 to 6 AM Monday May 23, 2011 • Grand from Main to Santa Fe Ave from 6 AM Wednesday May 18, 2011 until 5 PM Monday, May 23, 2011. • Victoria Ave on the bridge over the Riverwalk on the East side from noon on Sunday May 22, 2011 until 3:00 PM Sunday May 22, 2011. This is a one lane closure that will allow for a crane to be parked to accommodate a duck race We will have flaggers that will direct traffic around the crane In addition to the above street closures we will close the convention center overflow parking lot located between Main and Union Ave. on Monday, May 16, 2011 until Tuesday May 24, 2011. The PBR Parking Serving Pueblo County since 1910 lot and the parking lot located at City Hall and Angelo's will close Wednesday May 18, 2011 until Monday May 23, 2011. We will utilize Pueblo Plaza for a beer garden. We will protect the landscaping with caution tape and barricades. We will do the same around the landscaping in the island areas on Union Avenue We will not allow any vendors to use tent stakes. All waste will be collected throughout the festival area and disposed in roll -off dumpsters provided by the Chamber Sincerely, >elf Rod Slyhoff President & CEO Fm Hub Southwest To.Greater Pueblo Chamber of Commerce (17195532294) 16:13 04112/11 GMT -07 Pg 03 -03 Client*: 169884 GREAPUEB ACORD -. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/1212011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HUB International Ins Svcs Inc PHONE 719 FAX 866 908 -2103 1414 W 4th St E-MAIL Eld): (A1C, No): ADDRESS: P.O. Box 58 PRODUCER Pueblo, CO 81002 CUSTOMER ID A: INSURER(S) AFFORDING COVERAGE NAIC ft INSURED INSURERA Philadelphia Insurance Company 23850 Greater Pueblo Chamber of Commerce INSURER B 302 N Santa Fe Avenue Pueblo, CO 810034102 INSURER C INSURER D . INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N5R TYPE OF INSURANCE ADDL BUHR POLICY EFF POLICY EXP UMITS LTR INSR Y'!VD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYYI A GENERALLIABIL(TY PHPK664850 12/25/2010 12/25/2011 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PR S ( aENTED PREEMIMI E SES (Ea ocwlrencei $100,000 CLAIMS -MADE u OCCUR MED EXP (Any one person) $0 PERSONAL & ACV INJURY 51,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OPAGG $3,000,000 POLICY n ,T I LOC $ A AUTOMOBILE UABWTY PHPK664850 12/25/2010 12/25/2011 COMBINED SINGLE L LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Peracddent) X NON -OWNED AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ — DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- 1 (CTH- AND EMPLOYERS' uAB&Lrrr YIN TCRY LIMITS I I ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIUENI $ OFFICEPJMEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ If yea describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLCY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Wild Wild West Event: May 16 -25, 2011 Certificate holder is listed as additional insured in regards to general liability per PI -AS -010 CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 CI Hall Place THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE ,wt .Gt M G -,e1 r 041 . I 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11400771M987646 RE01